The illegality of mandated COVID-19 vaccinations
A brief history of the law of personal privacy and bodily integrity
By Andrew P. Napolitano - - Wednesday, October 6, 2021
ANALYSIS/OPINION:
As more governors issue so-called mandates requiring municipal and state employers, as well as private employers and public accommodations, to require their employees and patrons to be vaccinated against COVID-19, they are being challenged by arguments based on personal privacy and bodily integrity.
The former argues that personal medical decisions are protected by the right to privacy, a natural right that supersedes governmental needs. The latter argues that since we each own our bodies, we can decide what goes into them. Personal privacy and the bodily integrity arguments recognize that the government can only trump fundamental rights if it can prove fault at a jury trial.
Thus, a case where an infected and contagious person is intentionally infecting healthy folks can and should result in an arrest and prosecution for aggravated assault. The state would need to prove its case. If it did, the convicted defendant would be incarcerated and isolated for the duration of her sentence. But that does not animate the government today.
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